# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 0289 V (not to be published)

MARY SWEARER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 17, 2020

Special Processing Unit (SPU);
Attorney’s Fees and Costs

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL , for P etitioner.

Kyle Edward Pozza , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On February 23, 2018, Mary Swearer (“ P etitioner ”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa

- 10, et seq.

, 2 (the “Vaccine Act”). Petitioner allege d that she suffered a left
shoulder injury causally related to the influenza vaccination she received on November

14, 2016

. ( Petition at 1 )

. On April 10 , 2020

, a decision was issued awarding compensation

to P etitioner based on the Respondent’s proffer . (EFC No. 4 5 ).

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 200 2. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision will be available to anyone with access to the

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the per tinent subparagraph of 42 U.S.C. § 300aa (2012).2 Petitioner has now filed a motion for attorney’s fees and costs, dated July 2 , 2020

, (ECF No. 50 ) , requesting a total award of $ 36,292.14 (representing $ 34,730.20 in fees
and $ 1,561.94 in costs). Pursuant to General Order #9

, Petitioner filed a signed statement
indicating that s he incurred no out

- of

- pocket expen ses

. (ECF No. 50

- 3 )

. Respondent did
not file a response.

I have reviewed the billing records submitted with P etitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested

hours or rates.

The Vaccine Act permits an award of reasonable attorney ’ s fees and costs

. §
15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs. I

award a total of $36,292.14 (representing $34,730.20 in fees and $1,561.94 in costs) as
a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel 3

. In the absence of a timely

- filed motion for review (see Appendix B to the Rules of the
Court), the Clerk shall enter judgment in accordance with this decision. 4

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Petitioner requests checks be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida, 34236.

4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgme nt by filing a joint notice renouncing their right to seek review.